S T A T E O F N E W Y O R K ________________________________________________________________________ 1930 2011-2012 Regular Sessions I N S E N A T E January 14, 2011 ___________ Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring persons convicted of driving while intoxicated who are injured as a result of such offense and who are medically transported to a hospital to pay for such transport and other pre-hospital medical bills before their license to drive can be reissued to them THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (c) of subdivision 2 of section 1193 of the vehi- 2 cle and traffic law is amended by adding a new subparagraph 4 to read as 3 follows: 4 (4) IN NO EVENT SHALL A NEW LICENSE BE ISSUED OR A FORMER LICENSE BE 5 RESTORED TO A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVI- 6 SION TWO OR THREE, OR BOTH SUBDIVISION TWO AND SUBDIVISION THREE, OF 7 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WHERE PHYSICAL INJURY 8 TO SUCH CONVICTED PERSON RESULTED FROM SUCH OFFENSE WHICH INJURY 9 RESULTED IN THE TRANSPORT OF SUCH PERSON BY AMBULANCE OR OTHER MEDICAL 10 TRANSPORT TO A HOSPITAL, UNLESS ALL BILLS FOR SUCH TRANSPORT AND ANY 11 OTHER PRE-HOSPITAL MEDICAL EXPENSES HAVE BEEN PAID PRIOR TO THE DATE 12 SUCH PERSON APPLIES FOR A NEW LICENSE OR FOR RESTORATION OF THE FORMER 13 LICENSE AND UNLESS PROOF OF THE PAYMENT OF SUCH BILLS IS SUBMITTED TO 14 THE DEPARTMENT WITH SUCH APPLICATION. 15 S 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and 16 traffic law, as amended by section 8 of chapter 732 of the laws of 2006, 17 is amended to read as follows: 18 (c) Reissuance of licenses; restrictions. Where a license is revoked 19 pursuant to paragraph (b) of this subdivision, no new license shall be 20 issued after the expiration of the minimum period specified in such 21 paragraph, except in the discretion of the commissioner; provided, 22 however, that in no event shall a new license be issued where a person EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06289-01-1 S. 1930 2 1 has been twice convicted of a violation of subdivision three, four or 2 four-a of section eleven hundred ninety-two of this article or of driv- 3 ing while intoxicated or of driving while ability is impaired by the use 4 of a drug or of driving while ability is impaired by the combined influ- 5 ence of drugs or of alcohol and any drug or drugs where physical injury, 6 as defined in section 10.00 of the penal law, has resulted from such 7 offense in each instance. IN NO EVENT SHALL A NEW LICENSE BE ISSUED OR A 8 FORMER LICENSE BE RESTORED TO A PERSON WHO HAS BEEN CONVICTED OF A 9 VIOLATION OF SUBDIVISION TWO OR THREE, OR BOTH SUBDIVISION TWO AND 10 SUBDIVISION THREE, OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE 11 WHERE PHYSICAL INJURY TO SUCH CONVICTED PERSON RESULTED FROM SUCH 12 OFFENSE WHICH INJURY RESULTED IN THE TRANSPORT OF SUCH PERSON BY AMBU- 13 LANCE OR OTHER MEDICAL TRANSPORT TO A HOSPITAL, UNLESS ALL BILLS FOR 14 SUCH TRANSPORT AND ANY OTHER PRE-HOSPITAL MEDICAL EXPENSES HAVE BEEN 15 PAID PRIOR TO THE DATE SUCH PERSON APPLIES FOR A NEW LICENSE OR FOR 16 RESTORATION OF THE FORMER LICENSE AND UNLESS PROOF OF THE PAYMENT OF 17 SUCH BILLS IS SUBMITTED TO THE DEPARTMENT WITH SUCH APPLICATION. 18 S 3. This act shall take effect September 1, 2012, provided that the 19 amendment to paragraph (c) of subdivision 2 of section 1193 of the vehi- 20 cle and traffic law made by section one of this act shall be subject to 21 the expiration and reversion of such paragraph pursuant to section 9 of 22 chapter 533 of the laws of 1993, as amended, when upon such date the 23 provisions of section two of this act shall take effect.